Terms & Conditions of Sale
In this Agreement,
the "Customer" means any person or business who places an Order with Euro Catering
the "Goods" means any items sold or supplied by Euro Catering under an Order;
“Euro Catering” means Euro Catering Equipment Ltd, a company incorporated in England, with company no 2755032 and a registered address of 4 Egerton Close, Daventry, Northants NN11 8PE
1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. The Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.
2 Any Order is subject to acceptance by Euro Catering. Euro Catering is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Euro Catering does not in itself constitute acceptance by Euro Catering of the Order.
3 No variations to this Agreement will apply unless expressly agreed by the Parties in writing.
2. Goods being Sold
1 Descriptions and specifications for the Goods are set out on the Euro Catering website at the time of the Order or in the Euro Catering brochure from which the Order is placed provided the brochure is current at the time of the Order.
2 Goods ordered are sold subject to stock availability and Euro Catering may substitute the Goods with newer items or items of comparable or better quality, with the Customer's approval.
3 If any Goods are unavailable or out of stock then Euro Catering may cancel the Order in whole or in part and refund any monies paid or, issue a credit note, or vary the order with the Customer's approval.
3. Terms of Payment and Payment Methods
The Goods shall be payable at the prices listed on the Euro Catering website at the time of the Order or the Euro Catering Brochure from which the Order is placed provided the brochure is current. Euro Catering reserves the right to update prices on the Euro Catering website or in future Euro Catering brochures from time to time. Occasionally, prices advertised on the Euro Catering website may differ from prices advertised in the Euro Catering brochure and Euro Catering is under no obligation to honour the price on the website if the Order is placed through the Brochure. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
Unless otherwise stated, all prices quoted exclude Value Added Tax ("VAT") or any Import tariffs that may apply, these will be charged at the relevant rate at time of the Order.
If any error occurs in the price or description, Euro Catering are not obliged to honour the incorrect price or Order.
Payment for Goods and Delivery may be made by debit/credit card, bank transfer, company cheque or cash. Euro Catering reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled.
Payment terms are strictly 30 days from the date of invoice unless agreed in advance. Euro Catering reserves the right to charge interest at 8% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.
Customer trade credit accounts are provided solely at Euro Catering’s discretion and are subject to regular credit checks. Euro Catering reserves the right to suspend or withdraw credit account facilities at any time.
Euro Catering shall be entitled to deduct from or set off against the price of the Goods/Order any sums that are owed to the Customer under this or any other agreement between the Parties.
4. Delivery & Retention of Title
Standard Delivery is 3 days within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Euro Catering before 12.00pm on a usual working day and provided no additional security checks are required and the Goods are available. Next day delivery may be available at an extra charge.
Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
Euro Catering will use reasonable endeavours to meet delivery estimates in all cases but cannot be held liable for any delay in delivery.
Risk in the Goods transfers to the Customer at the time of delivery (without prejudice to the obligations of the Customer in Clause 5.3 below).
Goods delivered are used, stored and installed at the Customer's own risk and Euro Catering will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Euro Catering to the Customer before delivery.
All large equipment is delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer's sole risk.
Where delivery is delayed, cancelled or not accepted by the Customer (including due to lack of delivery instructions), Euro Catering reserves the right to charge for cancelled deliveries or for storage at 2% of the invoice value for the respective Goods calculated monthly until a successful delivery can be made.
Title and property in the Goods will only pass to the Customer upon payment has been made in full for the Goods in question, together with all or any other sums owing or due to Euro Catering whether under this Agreement or otherwise.
The Goods shall be kept in good and substantial condition separate from those of the Customer and third parties and properly stored, protected and insured and clearly marked as being the property of Euro Catering but the Purchaser shall be free to sell and deliver the goods to a third party in the ordinary course of the Customer's business but the proceeds of sale of the goods shall be held on trust for Euro Catering and those trust monies shall be held separately from the other monies of the Customer.
Until such time as the title in the Goods passes to the Customer (and provided that the Goods are still in existence and have not been resold) Euro Catering shall be entitled at any time to require the Customer to deliver up or return the Goods and if the Customer fails to do so immediately, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the Goods.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Euro Catering but if the Customer does so all monies owing by the Customer to Euro Catering shall (without prejudice to any other right or remedy of Euro Catering) forthwith become due and payable.
5. Warranties and Returns
Subject to the conditions in this clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. However, any unwanted, non-faulty or non-damaged Goods returned more than 10 days after delivery will be subject to a 25% restocking charge (calculated by Order value) on refunds. Certain last-in-line or special-to-order Goods may also be non-returnable. The cost of returns may be refunded in whole or in part to the Customer at Euro Catering's discretion.
Goods are guaranteed for 1 year from date of invoice unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, exchanged or replaced at Euro Catering's discretion. Parts and labour under this warranty are guaranteed in the UK mainland only. Spare parts purchased do not have any warranty.
Goods that are damaged due to delivery must be reported to Euro Catering within 24 hours. Goods must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. if any damage is noted is noted the photographs must be taken whilst the equipment is on its original pallet BEFORE it is sited or moved.
The warranties in this Clause 5 do not apply to Goods that have not been paid for in full and/or any defect in the Goods caused by the fault, negligence or failure of the Customer to use the Goods for their normal intended purpose or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to Euro Catering within 24 hours to qualify for replacement, repair or refund at Euro Catering's discretion. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return' basis without prior written approval by Euro Catering. Euro Catering may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Euro Catering’s prior endorsement or approval. Any Goods repaired or replaced will be guaranteed only for the unexpired or remaining portion of the warranty period of the original Goods that were repaired or replaced.
Old electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEEE regulations. Full details of Euro Catering's WEEE compliance policy are available on the Euro Catering website.
Euro Catering reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
Euro Catering reserves the right to terminate this Agreement if the Customer undergoes a change of control (as defined by the Income and Corporation Taxes Act 1988) or cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertakings of the Customer.
Euro Catering reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Euro Catering’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction
7. Limitation of Liability
The Customer agrees that Euro Catering will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Euro Catering will not be liable for any additional damage caused by the Customer's failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Euro Catering’s statutory liability for injury or death.
Goods sold are not insured for delivery unless confirmed as insured by Euro Catering on acceptance of the Order.
The Customer warrants that by signing this Agreement, he/she has authority to place the Order. Euro Catering reserves the right to require the Customer to provide a director's personal guarantee (or similar, in the case of unincorporated businesses) which shall be completed before Goods can be delivered.
8. Intellectual Property Rights and Confidentiality
Goods sold or supplied by Euro Catering may be subject to copyright or license (whether owned by Euro Catering or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Euro Catering harmless for any breach of said covenant or infringement of third party intellectual property rights.
No delay or failure on the part of Euro Catering in enforcing any provision of this Agreement shall be deemed to operate as a waiver of any rights held by Euro Catering under this Agreement nor shall any single or partial exercise of any rights or remedies by Euro Catering preclude any other or further exercise of a right or remedy.
Any right, obligation or provision contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable by a court of law then the remainder shall continue in force and effect to the fullest extent permissible by law.
Unless expressly agreed in writing, nothing in this Agreement shall confer any rights to third parties under the Contracts (Rights of Third Parties) Act 1999 (as amended).
Euro Catering reserves the right to sub-contract or assign all or part of the performance and obligations of this Agreement. Euro Catering use reasonable endeavours to notify the Customer where such sub-contract or assignation takes place.
This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.